Logan County Commissioners discuss effect of Amendment 64

Sterling resident asks county embrace the legalization of marijuana

STERLING — A little over two months after adopting a resolution opposing Amendment 64, the Logan County Commissioners, during a work session on Tuesday, discussed how the passage of the amendment, which legalizes marijuana, might affect Logan County.

Sterling resident David Durfee spoke with the commissioners to offer support for the amendment.

“I would like to encourage the county to embrace the amendment, because the state does a very good job of regulating marijuana,” he said. “I think it would be a wise move for the county to take advantage of the state regulation and start the legal process of passing of the amendment and allowing this business to grow on its own merits in the county.”

“I would disagree with you on how the state has handled it; I think it's been a disaster,” said Commissioner Debbie Zwirn.

“It's a state law, it's our Constitution that you guys were elected to uphold, it's your job to establish the rules for this,” Durfee replied. “I would just like you guys to take the responsible action of doing the job yourself and working together locally.”

Commissioner Jim Edwards shared a letter he received from Eric Bergman, policy and research supervisor with Colorado Commissioners, Inc., regarding the implications of the amendment.

Amendment 64 amends the Colorado Constitution by decriminalizing the personal cultivation, possession and use of recreational marijuana by persons 21 years or older and regulates it in the same manner as alcohol.

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The letter states that the amendment doesn't alter the existing medical marijuana regulatory framework in Colorado, although it remains to be seen what affect the amendment might have on the medical marijuana industry in the state.

Additionally, the letter goes on to state that it's important to remember that under federal law, possession and use of marijuana is still a crime. Governor John Hickenlooper has been in contact with US Attorney General Eric Holder in an attempt to determine what – if any – action the federal government might take in reaction to the passage of Amendment 64.

Zwirn suggested waiting to discuss a plan of action until Holder weighs in.

County attorney Alan Samber also noted the election results still have to be certified, which he said won't be until December. Edwards asked if he'd had any discussions on the amendment with other county attorneys, Samber said he hadn't at that point, but he expected there to be some discussion at their fall conference this week.

According to the letter from CCI, under Amendment 64, counties may choose to prohibit or license marijuana cultivation facilities, product manufacturing centers and retail stores. If a county opts to prohibit these facilities, it may do so by ordinance or through an initiated or referred ballot measure, similar to the medical marijuana industry.

The letter also states that if counties do want to put the measure to a vote, they have to wait until the fall of 2014 to do so – well after the licensing of these facilities has begun.

As with medical marijuana, a local ban would not extend to personal cultivation, possession and use; it only prohibits the retail grow operations, product manufacturing facilities and stores from operating.

Samber pointed out that the amendment does prohibit use of marijuana in public places.

According to CCI's letter, all counties need to decide on a course of action by the fall of 2013. If a county intends to license these facilities, it must designate a local licensing authority and have licensing regulations in place by Oct. 1, 2013. Once an application is accepted, the state and/or locality will have 90 days to act on the application, meaning the state could see marijuana facilities opening for business by Jan. 1, 2014.

Application fees are capped in the constitutional amendment at $5,000 and the state and local jurisdiction share the fee, which is much lower than the average medical marijuana application fee that's currently in place for the state. CCI's letter states that the measure does allow the Department of Revenue, but not local governments, to increase the fee, if it can show that it is insufficient to cover the cost of carrying out this regulatory program.

Recreational marijuana will be subject to existing state and local taxes. Amendment 64 directs the General Assembly to enact a new excise tax, not to exceed 15 percent initially, upon all marijuana sold.

However, Zwirn pointed out that because of TABOR, there will have to a separate vote statewide on whether marijuana it can actually be taxed.

“I see that failing,” she said.

If established, the first $40 million generated by the excise tax would be credited to the Public School Capital Assistance Fund.

In a meeting with the Journal-Advocate, Betty Summers, superintendent of RE-1 Valley School District, voiced her own concern about Amendment 64.

“It is a concern; there are so many things we don't know,” she said. “I find the funding piece questionable.”

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